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Who can be found to be medically inadmissible?
Medical inadmissibility affects anyone applying to visit, study, work or live permanently in Canada
The Immigration and Refugee Protection Act sets out that a foreign national, which is anyone who is not a Canadian citizen or permanent resident, can be found to be medically inadmissible on 1 of 3 separate grounds:
Likely danger to public health
This condition is generally realized after the analysis of your immigration medical test results certain infectious diseases, such as active tuberculosis or active syphilis can lead to being medically inadmissible Assessments are made based on how your condition will affect the public of Canada
Likely to be a danger to public safety
Health condition that will likely endanger public safety of Canadians based on sudden incapacity to work, unpredictable or violent behavior may result in refusal of case on medical grounds based on danger to public safety
Excessive demand on health or social services
Determinations of inadmissibility for excessive demand can result from 1 of 2 separate assessments: 1) the foreign national’s need for medical services will negatively affect current wait times in Canada for said services; or 2) the services required to treat and manage the foreign national’s health condition will cost more than 3 times the Canadian per capita cost for health and social services over a 5-year period (or 10, if significant costs are likely to be incurred). The threshold for calendar year 2019 is CAD $102,585 over 5 years (or $20,517 per year), these costs are updated every year based on the average cost incurred during that period of time. CHANGES MADE TO THE SYSTEM The cost threshold was formerly based on the Canadian per capita cost alone. For example if the foreign national’s health condition cost more than $6, 604, that foreign national would be considered medically inadmissible. On 1 June 2018, the Honourable Ahmed Hussen signed into effect the Temporary Public Policy Regarding Excessive Demand on Health and Social Services, which increased the existing cost threshold to three times the average Canadian cost.
How is cost assessed?
Foreign nationals hoping to travel, study and/or migrate to Canada must undergo an immigration medical examination, pursuant to subsection 16(2)(b) of the Immigration and Refugee Protection Act, unless they are exempt under section 30(1) of the Immigration and Refugee Protection Regulations. An assessment of admissibility is then provided to the officer processing the application by the panel physician who has reviewed this exam. The officer will consider this assessment and decide if the foreign national’s health condition falls within the parameters for inadmissibility set out above. Before a decision is made on admissibility, the foreign national normally is provided with an opportunity to respond via a procedural fairness letter.
How can The Principals Immigration Group help?
For many years THE Principals Immigration Group has helped number of clients successfully fight the receipt of a procedural fairness letter. When a medical inadmissibility procedural fairness letter is received, we prepare a comprehensive and detailed response to the officer underlaying conditions as to why it is critical for the entry of the foreign national to Canada. We prepare a substantive and convincing immigration plan that well documented and researched for best immigration results. We work on these plans for medical immigration cases daily with Immigration, Refugees and Citizenship Canada (IRCC), the Immigration Appeal Division and the Federal Courts. Taking into account an applicant’s individual circumstances, ensuring consideration of an applicant’s plan to offset any costs and their resources, and ensuring that the appropriate officers undertake the appropriate steps and make decisions they are empowered to make. We have successfully presented plans for various medical conditions which include, but are not limited to: